Mecklenburg North Carolina Drainage Easement
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FAQ
There are eight ways to terminate an easement: abandonment, merger, end of necessity, demolition, recording act, condemnation, adverse possession, and release.
Generally, you cannot make any improvements in a drainage easement. That means no fences, sheds, walls, trails or buildings. You should avoid planting trees or much landscaping as well.
The most basic easement is one that allows the easement owner access across the land of another, usually to reach and use land owned by the easement owner. The easement owner has the right to use the other person's land subject to the specific terms of the easement, which often limits the use of the easement.
Can my neighbor direct their water on to my land? If the higher landowner unreasonably diverts the flow of runoff, increases the flow, or contaminates the runoff in a way that causes material damage to the lower landowner, then the lower landowner can bring an action for an injunction and damages.
Property owners are responsible for maintaining storm drains and structures on private property.
Drainage easements are created to designate areas for the passage of surface water runoff. Individual property owners are responsible for the maintenance of any portion of a recorded drainage easement that is located on their property.
Your easements double as building restriction lines (BRLs). All it means is you cannot build any permanent structure within 25 feet of any lot line. Whoever is in charge of building or maintaining drainage channels has the right to access that area and do grading.
Permitted, unless the encroachment still permits reasonable access for Council to construct and maintain the system, that it does not impede or re-direct flows within the easement, that it does not load bear onto the underlying drainage structure, and that the site cannot be reasonably developed without the
Yes, you can build on a property easement, even a utility easement. Yet if you value peace of mind over everything else, not building on that easement is the best way to go. The dominant estate owning the easement may need to access the easement.